Y B YALWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) by consent of parties this writ petition is taken up for final disposal.

(2.) the petitioner has been working in the office of the 3rd respondent as general manager (operations). One of the terms and conditions of his appointment is a special pay of Rs. 1,500/- per month. The complaint of the petitioner is that he has not been paid the special pay of Rs. 1,500/- though he has made requests as per annexures-d and e. Another grievance of the petitioner is that he is entitled for Rs. 3,000/- per month for leased accommodation irrespective of whether he is staying in his own house or rented accommodation. The petitioner alleges that non-payment of Rs. 1,500/- p.m. from the date of his appointment is highly illegal, arbitrary and without jurisdiction. It is also contended that the board is the competent authority which makes the appointment as statutory body under the State Financial Corporations Act. As such the petitioner has come up to this court with the following two prayers:

(3.) a statement of objections has been filed by respondents 3 and 4 in which it is stated that under Section 48 read with Section 23 of the state finanacial corporations ACT the state has not approved special pay of Rs. 1,500/- p.m. while approving the scale of pay and allowances for the post of executive director. It is also stated in the statement of objections that the creation of a new post and the terms and conditions applicable to the said post cannot become effective without making necessary amendment to the staff regulations which requires previous sanction of the state government as per Section 48 of the act.